S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4500
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 25, 2015
                                      ___________
       Introduced by Sens. PARKER, DILAN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Energy and Telecommu-
         nications
       AN ACT to amend the public service law, in relation to net energy meter-
         ing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision  1  of  section  66-j  of  the
    2  public  service  law,  as  amended  by  chapter 546 of the laws of 2011,
    3  subparagraphs (iv) and (v) as separately amended and  subparagraph  (vi)
    4  as  added  by  chapter  530 of the laws of 2011, subparagraphs (vii) and
    5  (viii) as amended and (ix) as added by chapter 494 of the laws of  2014,
    6  is amended to read as follows:
    7    (a) "Customer-generator" means: (i) a residential customer of an elec-
    8  tric corporation, who owns [or], LEASES, operates, OR IS ENTITLED TO THE
    9  OUTPUT  FROM  OR IS OTHERWISE SERVED BY solar electric generating equip-
   10  ment located and used at his or her residence; (ii)  a  customer  of  an
   11  electric corporation, who owns [or], LEASES, operates, OR IS ENTITLED TO
   12  THE OUTPUT FROM OR IS OTHERWISE SERVED BY farm waste electric generating
   13  equipment  located and used at his or her "farm operation," as such term
   14  is defined in subdivision eleven of section three  hundred  one  of  the
   15  agriculture  and  markets  law;  (iii)  a non-residential customer of an
   16  electric corporation which owns [or], LEASES, operates, OR  IS  ENTITLED
   17  TO  THE  OUTPUT FROM OR IS OTHERWISE SERVED BY solar electric generating
   18  equipment located and used at [its] premises IT OWNS OR LEASES;  (iv)  a
   19  residential  customer  of an electric corporation who owns, leases [or],
   20  operates OR IS ENTITLED TO THE OUTPUT FROM OR  IS  OTHERWISE  SERVED  BY
   21  micro-combined  heat  and  power  generating  equipment  located  on the
   22  customer's premises; (v) a residential customer of  an  electric  corpo-
   23  ration who owns, leases [or], operates OR IS ENTITLED TO THE OUTPUT FROM
   24  OR  IS OTHERWISE SERVED BY fuel cell generating equipment located on the
   25  customer's premises; and (vi) a non-residential customer of an  electric
   26  corporation who owns, leases [or], operates OR IS ENTITLED TO THE OUTPUT
   27  FROM  OR  IS  OTHERWISE SERVED BY fuel cell generating equipment located
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06395-02-5
       S. 4500                             2
    1  and used at [the customer's] premises IT OWNS OR LEASES; (vii)  a  resi-
    2  dential  customer  of  an  electric  corporation, who owns [or], LEASES,
    3  operates OR IS OTHERWISE ENTITLED TO THE OUTPUT  FROM  OR  IS  OTHERWISE
    4  SERVED  BY  micro-hydroelectric generating equipment located and used at
    5  his or her residence; (viii) a non-residential customer of  an  electric
    6  corporation  which  owns [or], LEASES, operates OR IS OTHERWISE ENTITLED
    7  TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY micro-hydroelectric  gener-
    8  ating  equipment  located  and used at [its] premises IT OWNS OR LEASES;
    9  and (ix) a non-residential customer of  an  electric  corporation  which
   10  owns  or  operates  farm waste electric generating equipment located and
   11  used at its premises.
   12    S 2. Paragraph (c) of subdivision 3 of  section  66-j  of  the  public
   13  service law, as amended by chapter 546 of the laws of 2011, subparagraph
   14  (iii)  as amended by chapter 494 of the laws of 2014, is amended to read
   15  as follows:
   16    (c) In the event that the electric corporation determines that  it  is
   17  necessary  to  install a dedicated transformer or transformers, or other
   18  equipment to  protect  the  safety  and  adequacy  of  electric  service
   19  provided to other customers, a customer-generator shall pay the electric
   20  corporation's  actual  costs  of installing the transformer or transfor-
   21  mers, or other equipment:
   22    (i) In the case of a customer-generator who owns [or],  LEASES,  oper-
   23  ates  OR IS ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY  solar
   24  electric generating equipment, micro-combined heat and power  generating
   25  equipment,  fuel  cell electric generating equipment or micro-hydroelec-
   26  tric generating equipment located and used at his or her residence, or a
   27  non-residential customer-generator who owns [or],LEASES, operates OR  IS
   28  ENTITLED  TO  THE  OUTPUT  FROM OR IS OTHERWISE SERVED BY solar electric
   29  generating equipment with a rated capacity of not more than  twenty-five
   30  kilowatts, up to a maximum amount of three hundred fifty dollars;
   31    (ii)  In the case of a customer-generator who owns [or], operates farm
   32  waste electric generating equipment located and used at his or her "farm
   33  operation," up to a total amount of  five  thousand  dollars  per  "farm
   34  operation"; and
   35    (iii)  In  the  case  of a non-residential customer-generator who owns
   36  [or], LEASES, operates OR IS ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE
   37  SERVED BY solar electric generating  equipment  or  fuel  cell  electric
   38  generating equipment or micro-hydroelectric generating equipment or farm
   39  waste  generating  equipment  as described in subparagraph (ix) of para-
   40  graph (a) of subdivision one of this section, with a rated  capacity  of
   41  more  than  twenty-five kilowatts located and used at its premises, such
   42  cost shall be as determined  by  the  electric  corporation  subject  to
   43  review, upon the request of such customer-generator, by the department.
   44    S  3.  Paragraphs (e), (f) and (g) of subdivision 3 of section 66-j of
   45  the public service law, paragraph (e) as amended by chapter 546  of  the
   46  laws of 2011, paragraph (f) as added by chapter 318 of the laws of 2012,
   47  and  paragraph  (g)  as  added  by  chapter 200 of the laws of 2013, are
   48  amended to read as follows:
   49    (e) A customer who owns or operates a farm operation as such  term  is
   50  defined  in subdivision eleven of section three hundred one of the agri-
   51  culture and markets law,  or  a  non-residential  customer-generator  as
   52  defined  by  subparagraph  (iii)  of paragraph (a) of subdivision one of
   53  this section that [locates] OWNS, LEASES, OPERATES OR IS ENTITLED TO THE
   54  OUTPUT FROM OR IS OTHERWISE SERVED BY solar electric  generating  equip-
   55  ment or farm waste electric generating equipment with a net energy meter
   56  on property owned or leased by such customer-generator may designate all
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    1  or  a portion of the net metering credits generated by such equipment to
    2  meters at any property owned or leased by such customer-generator within
    3  the service territory of the same  electric  corporation  to  which  the
    4  customer-generator's  net  energy  meters  are  interconnected and being
    5  within the same load zone as determined by the location  based  marginal
    6  price  as  of  the  date of initial request by the customer-generator to
    7  conduct net metering. The electric corporation will credit the  accounts
    8  of  the customer by applying any credits to the highest use meter first,
    9  then subsequent highest use meters until all such credits are attributed
   10  to the customer. Any excess credits shall be carried over to the follow-
   11  ing month.
   12    (f) A customer who owns or operates a farm operation as such  term  is
   13  defined  in subdivision eleven of section three hundred one of the agri-
   14  culture and markets law,  or  a  non-residential  customer-generator  as
   15  defined  by  subparagraph  (viii) of paragraph (a) of subdivision one of
   16  this section that [locates] OWNS, LEASES, OPERATES OR IS ENTITLED TO THE
   17  OUTPUT FROM OR IS OTHERWISE  SERVED  BY  micro-hydroelectric  generating
   18  equipment  with  a  net energy meter on property owned or leased by such
   19  customer-generator may designate all or a portion of  the  net  metering
   20  credits  generated  by such equipment to meters at any property owned or
   21  leased by such customer-generator within the service  territory  of  the
   22  same  electric  corporation to which the customer-generator's net energy
   23  meters are interconnected and being within the same load zone as  deter-
   24  mined  by  the  location  based marginal price as of the date of initial
   25  request by the customer-generator to conduct net metering. The  electric
   26  corporation  will  credit  the  accounts of the customer by applying any
   27  credits to the highest use meter  first,  then  subsequent  highest  use
   28  meters until all such credits are attributed to the customer. Any excess
   29  credits shall be carried over to the following month.
   30    (g)  A  customer who owns or operates a farm operation as such term is
   31  defined in subdivision eleven of section three hundred one of the  agri-
   32  culture  and  markets  law,  or  a non-residential customer-generator as
   33  defined by subparagraph (viii) of paragraph (a) of  subdivision  one  of
   34  this section that [locates] OWNS, LEASES, OPERATES OR IS ENTITLED TO THE
   35  OUTPUT  FROM  OR  IS  OTHERWISE  SERVED BY fuel cell electric generating
   36  equipment with a net energy meter on property owned or  leased  by  such
   37  customer-generator  may  designate  all or a portion of the net metering
   38  credits generated by such equipment to meters at any property  owned  or
   39  leased  by  such  customer-generator within the service territory of the
   40  same electric corporation to which the customer-generator's  net  energy
   41  meters  are interconnected and being within the same load zone as deter-
   42  mined by the location based marginal price as of  the  date  of  initial
   43  request  by the customer-generator to conduct net metering. The electric
   44  corporation will credit the accounts of the  customer  by  applying  any
   45  credits  to  the  highest  use  meter first, then subsequent highest use
   46  meters until all such credits are attributed to the customer. Any excess
   47  credits shall be carried over to the following month.
   48    S 4. Paragraph (a) of subdivision 1 of  section  66-l  of  the  public
   49  service  law,  as amended by chapter 483 of the laws of 2008, is amended
   50  to read as follows:
   51    (a) "Customer-generator" means a residential  customer,  farm  service
   52  customer  or  non-residential  customer  of an electric corporation, who
   53  owns [or], LEASES, operates, OR IS ENTITLED TO THE  OUTPUT  FROM  OR  IS
   54  OTHERWISE SERVED BY wind electric generating equipment.
   55    S 5. This act shall take effect immediately.